Will My Insurance Cover My Damages For an Out-of-State Car Crash?
Posted on behalf of RizkLaw on Jun 30, 2020 in Auto Accident
This may be the year of the summer road trip for many. The pandemic is not yet under control, but people still want to go on vacation. What happens if your perfectly planned road trip is interrupted by an out-of-state car crash?
Rizk Law discusses important information for Oregonians, including first steps after an accident and how your car insurance may apply in this situation.
If you were driving your insured car and involved in a motor vehicle accident in another state, our firm is prepared to help. Schedule a free, no-obligation consultation to discuss your situation.
You will not be obligated to hire our services after this confidential meeting. If we represent you, there is nothing to pay up front. We only collect our fees at the end of your claim if we have recovered compensation for you through a settlement or jury verdict.
Does My Oregon Car Insurance Policy Cover Me?
The short answer is yes, if you are a named insured and the policy has not lapsed due to non-payment. Your car insurance is designed to provide financial protection wherever you drive your insured car, even if you are visiting in another state. Keep in mind though, that the rules differ if you were a passenger in a car owned or driven by someone else.
If you are about to set off on a road trip and want more definitive information, we recommend contacting your insurance company to find out whether your policy may apply differently in your planned destination.
After an out-of-state collision, you can take the same steps you would normally take after an accident, such as calling 9-1-1 to get first responders on the scene. Additionally, you can reach out to the experienced attorneys at Rizk Law for legal help.
What Happens if the State Has a Different Fault System?
If you are an insured Oregon resident, and your accident occurs in a different no-fault state, your Personal Injury Protection (PIP) benefits will still pay for your medical bills – up to the coverage limits – no matter who was at fault or where the accident occurred. However, you still must pursue compensation for your injuries and other damages from the at-fault party.
Which State Laws May Apply to My Out-of-State Car Crash?
The laws of the state where your accident occurred apply to your insurance claim or personal injury lawsuit. Wherever the accident occurred, you must promptly notify your own insurance company of the accident. If the other driver is at fault, you can pursue damages through his or her insurance company, up to the policy limits and beyond that if that at-fault driver has assets or other policies apply. If Rizk Law cannot represent you for some reason, we will help you find other out-of-state lawyers who can.
Whether you are a resident of Oregon or an out-of-state visitor, you are also required to file an Oregon Traffic Accident and Insurance Report if any of the following circumstances are true:
- The vehicle you are driving sustained damages that exceed $2,500
- There was damage to any other person’s property that exceeds $2,500
- Any motor vehicle operator or passenger suffered an injury (even if minor)
- Death of any person caused by the accident
- Any vehicle must be towed as a result of damages
Statute of Limitations Vary by State
The statute of limitations applicable to your out of state accident depend on the specific laws of the state where your car accident happened. For example, in Oregon, injured car crash victims generally have just two years from the date of an accident to file a personal injury claim.
Exceptions to the general statute of limitations exist in each state — meaning the statute of limitations could be longer or shorter than the general rule for accidents. When you consult with one of our Portland car accident attorneys, we can review the details of your car crash to discuss the deadline that could apply in your situation and our assessment of the strengths and weaknesses of your claim.
How Do I Pursue Compensation for Damages?
As stated above, if you, as an Oregon resident at the time the accident occurred, then had active Oregon car insurance you should pursue medical costs through your PIP coverage. If your PIP coverage limits are not sufficient to cover your medical costs, or if the accident occurred in a tort state, there may be other coverages that may help you pay for the treatment you need.
If another party may be liable for your damages, we strongly recommend that you seek legal help from an experienced attorney. It can give injured victims great peace of mind knowing that a reputable lawyer is on their side and looking out for their legal interests.
Can an Attorney Help Me?
A qualified lawyer can guide you on how to pursue compensation for the damages you suffered in an out-of-state accident. Do not worry about how your insurance coverage will apply. We are prepared to discuss your situation in a completely free initial consultation. We charge no attorney fees until a settlement or jury verdict is achieved.